Unpublished Disposition, 904 F.2d 710 (9th Cir. 1990)

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US Court of Appeals for the Ninth Circuit - 904 F.2d 710 (9th Cir. 1990)

COMMONWEALTH OF the NORTHERN MARIANA ISLANDS, Plaintiff-Appellee,v.Margarita M. TENORIO, Defendant-Appellant.

No. 89-10161.

United States Court of Appeals,Ninth Circuit.

Submitted Dec. 14, 1989.* Decided June 6, 1990.

Before ALDISERT,***  TANG and FLETCHER, Circuit Judges.


MEMORANDUM**** 

Margarita M. Tenorio appeals the appellate division's affirmance of her conviction for receipt of stolen property. The Commonwealth contests this court's jurisdiction, although neither party briefed that issue.

This court does have jurisdiction. Although, the Commonwealth Judicial Reorganization Act of 1989, Commonwealth of the Northern Mariana Islands Public Law No. 6-25, which transfers jurisdiction of appeals from the Commonwealth's trial courts to the new Northern Mariana Islands Supreme Court, "by its terms applies retroactively to appeals from local trial courts which were pending in the appellate division of the district court when it was passed ..., [the Commonwealth] is without power under the Covenant to divest this court of jurisdiction over appeals properly filed from a final order of the appellate division of the district court entered before the passage of the Act." Wabol v. Villacrusis, No. 87-1736, slip op. at 1823 (9th Cir. February 20, 1990).

Tenorio contends that there was insufficient evidence to show either that she knew the property for whose theft she was convicted was stolen. She also contends that she was not in possession of the property. We find that there was sufficient evidence from which a jury could rationally conclude beyond a reasonable doubt, see, e.g., Guam v. Cepeda, 851 F.2d 1564, 1568-69 (9th Cir. 1988) (applying standard of Jackson v. Virginia, 443 U.S. 307, 317-19 (1979)), both that Tenorio had control of the stolen property and that she knew it was stolen.

AFFIRMED.

 *

The panel finds this case appropriate for submission without argument pursuant to Fed. R. App. P. 34(a) and 9th Cir.R. 34-4

 **

Honorable Irving Hill, Senior United States District Judge for the Central District of California, sitting by designation

 ***

The Honorable Ruggero J. Aldisert, Senior Circuit Judge, United States Court of Appeals for the Third Circuit, sitting by designation

 ****

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

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